WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT
1
In the case of Węgrzynowski and Smolczewski v. Poland,
The European Court of Human Rights (Fourth Section), sitting as a
Chamber composed of:
Ineta Ziemele, President,
David Thór Björgvinsson,
Päivi Hirvelä,
George Nicolaou,
Ledi Bianku,
Zdravka Kalaydjieva,
Krzysztof Wojtyczek, judges,
and Françoise Elens-Passos, Section Registrar,
Having deliberated in private on 25 June 2013,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 33846/07) against the
Republic of Poland lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by two Polish nationals, Mr Szymon Węgrzynowski and
Mr Tadeusz Smolczewski (“the applicants”), on 7 August 2007.
2. The applicants were represented by Mr M. Lach, a lawyer practising
in Warsaw. The Polish Government (“the Government”) were represented
by their Agent, Mr J. Wołąsiewicz, succeeded by Ms J. Chrzanowska, of the
Ministry of Foreign Affairs.
3. The applicants alleged that their rights to respect for their private life
and reputation had been breached.
4. On 15 November 2011 the application was communicated to the
Government. It was also decided to rule on the admissibility and merits of
the application at the same time (Article 29 § 1).
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
5. The applicants live in Katowice.
6. On 8 May 2002 the Warsaw Regional Court allowed the applicants’
claim under Articles 23 and 24 of the Civil Code for the protection of
personal rights. The court found that B.K. and A.M., journalists working for
the national daily newspaper Rzeczpospolita, had published an article about
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